[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River as indicated in article histories.
Amendments noted where applicable.]
[Adopted as Ch. XII of the Revised General Ordinances, 1971]
As used in this article, the following terms
shall have the meanings indicated:
As applied to public utility companies, poles, wires, cables,
subsurface conduits, pipes, manholes and appurtenant facilities of
such companies installed in a street.
A public utility as defined in N.J.S.A. 48:2-13.
The Shade Tree Commission of the Borough of Upper Saddle
River.
Any public street designated by the Council to be within
the jurisdiction of the Shade Tree Commission, municipal parks and
parkways and county roads or state highways.
All trees and shrubs.
A.
Nonutility operations. No person shall do any of the
following to any tree on any street without first obtaining a permit
from the Shade Tree Commission:
(1)
Cut, prune, climb with spikes, break, damage, remove
or kill.
(2)
Cut, disturb or interfere in any way with any root.
(3)
Spray with any chemical.
(4)
Fasten a rope, wire, sign or other device. Nothing
herein shall prevent any governmental agency in connection with administering
governmental affairs from affixing a public notice on a tree in a
manner approved by the Shade Tree Commission.
(5)
Remove or damage any guard or device placed to protect
a tree or shrub.
(6)
Conduct razing, removal or renovation of a structure
if deemed by the Commission to be damaging to neighboring street trees.
(7)
Place or distribute chemicals, including but not limited
to salt, deleterious to tree health.
(8)
Maintain a stationary fire or device which vaporizes
noxious fumes deleterious to tree health.
(9)
Remove soil for trenching or otherwise.
(10)
Construct new sidewalks or driveways within five feet
of a tree.
(11)
Plant trees or shrubs.
B.
Utility operations; exceptions. The Shade Tree Commission
may grant to public utility companies a blanket permit for tree pruning
for line clearance and for the installation and the maintenance of
subsurface and aboveground plant construction if there is interference
with or endangerment to trees. During periods of emergency, public
utility companies may install temporary attachments to trees and make
emergency subsurface repairs without a specific prior permit. Each
company shall exercise reasonable diligence in the maintenance of
its plant construction so as to avoid damage to trees.
C.
Issuance of permits. Requests for permits required
by the provisions of this article for the performance of work shall
be directed to and issued by the Shade Tree Commission.
A.
Planting required; waiver. A person erecting or constructing
new buildings in the Borough shall plant shade trees in the sidewalk
area of the street right-of-way abutting the property on which the
new construction is located, planting one tree for every 50 feet of
frontage of the property unless the Shade Tree Commission grants a
waiver of such planting in writing. The Shade Tree Commission shall
grant a waiver only if there are trees growing along the right-of-way
or on the abutting property near the street property line which are
in compliance with the specifications of the Shade Tree Commission.
B.
Approval of trees by Commission. New trees to be provided pursuant to this section shall be of a kind approved by the Shade Tree Commission and shall be planted in accordance with its specifications in § 137-5 for planting trees in sidewalk areas.
C.
Deposit as security for planting. The trees shall
be planted in accordance with this article, and a check for $450 per
tree shall be deposited with the Shade Tree Commission for the required
number of trees to be planted. The required number and kind of trees
shall be planted within six months after the issuance of a certificate
of occupancy. If such trees shall not have been planted within the
aforesaid time period, the Shade Tree Commission, without further
notice to the applicant, may cause the required trees to be planted,
and the reasonable cost of such trees and the planting thereof shall
be charged against the funds on deposit. In the case of new trees
being planted, the same must survive for a period of 12 months from
the date of planting. In the case of existing trees along the street,
right-of-way or on the abutting property near the street property
line meeting the specifications of the Shade Tree Commission, the
Commission may waive the requirement of planting new trees, provided
that the existing trees survive for a period of 12 months from the
date of the issuance of a certificate of occupancy. Any tree, whether
new or existing, which shall not survive for the twelve-month period,
shall be replaced by the applicant within 30 days following written
notice for such replacement from the Commission or within such extended
period as may be specified. If new trees or existing trees shall survive
for the twelve-month period or for such shorter period as the Commission
shall deem satisfactory, the deposit hereunder shall be refunded to
the applicant.
[Amended 3-12-1981; 3-14-1985; 8-14-1986 by Ord. No. 18-86; 5-13-1998 by Ord. No. 9-98; 10-1-2015 by Ord. No.
14-15]
D.
Utilities;
overhead power lines. Trees may be planted further than 10 feet behind
the curbline in cases where there are overhead power lines along the
right-of-way. In cases where there are overhead power lines running
parallel to the road over the sidewalk right-of-way, the contractor
shall be required to plant the trees at least eight feet back from
the power lines. The choice of deciduous trees used for this purpose
shall be limited to trees of a compact species which typically grows
no more than 20 feet in height at maturity.
[Added 10-7-2010 by Ord. No. 12-10]
[Added 3-12-1981; amended 9-1988 by Ord.
No. 16-88]
For violation of any provision of this article, the maximum penalty shall be in accordance with § 1-15 of this Code.
Specifications and regulations covering varieties
of trees, size, placement, time of planting, manner of planting and
all other matters relating to trees shall be as promulgated from time
to time by the Shade Tree Commission.
[Adopted 2-13-2002 by Ord. No. 1-02]
This article is intended to prevent the destruction
and removal of trees for residential and nonresidential purposes and
shall govern any application for site plan approval, major or minor
subdivision approval, soil movement permits, variance approval or
for the issuance of a building permit for the construction of a single-family
residential dwelling. In addition, this article shall be applicable
to any applicant seeking to remove a tree situated within a buffer
area. This article also has as a purpose the preservation of trees
generally, including right-of-way and heritage trees which contribute
to the well-being of neighborhoods and residents and the preservation
of the environment. This article shall not be deemed to be applicable
to trees required to be removed in connection with the construction
and installation of septic systems and wells.
As used in this article, the following terms,
phrases and words shall have the following meaning:
Any person, firm, corporation or entity seeking issuance of a permit under any of the procedures outlined in § 137-6 that seek to remove any tree located in a buffer area.
The Planning Board, Shade Tree Commission or Code Official,
as applicable.
[Amended 10-1-2015 by Ord. No. 14-15]
The portion of a lot along its side yard and rear yard perimeter
which contains only landscaping elements and does not typically contain
any principal or accessory structure or impervious coverage.
Diameter measured at breast height.
[Added 10-1-2015 by Ord.
No. 14-15]
A tree or shrub that loses its leaves seasonally.
[Added 10-1-2015 by Ord.
No. 14-15]
Any species of tree threatened with extinction, including,
but not limited to, species of trees so noted in official state agency
and/or national registers.
Any of the following:
[Amended 10-1-2015 by Ord. No. 14-15]
Tree(s) which by singular nature, condition, size, location
and/or appearance impart particular value to a property or landscape.
A tree shall be defined as a woody plant of one or more leaders
which is more than eight feet tall or 12 inches in diameter (DBH)
or planted for the purpose of growing into a tree of this size or
larger.
[Amended 10-1-2015 by Ord. No. 14-15]
[Added 10-1-2015 by Ord.
No. 14-15]
A.
A deciduous tree shall be planted for each tree or trees that have
been approved for removal by the Shade Tree Commission:
(1)
One deciduous tree of 2.5 inch caliper (DBH) to be planted for
each tree removed having a diameter of 12 to 13 inches.
(2)
Two deciduous trees of 2.5 inch caliper (DBH) to be planted
for each tree removed having a diameter of 13 to 25 inches.
(3)
Three deciduous trees of 2.5 inch caliper (DBH) to be planted
for each tree removed having a diameter of 25 inches or larger.
B.
Replacement trees must be planted in accordance with the standards
of the New Jersey Forest Service, Community Forestry Management Program.
C.
The provisions herein apply to removing, cutting down, destruction
of and/or serious harm to trees for and during the construction of
a new home, renovation of a home or a structure or a septic system,
or an in-ground swimming pool, or any other tree-related activity.
D.
A site plan, tree removal and relandscaping plan shall be submitted
to the Shade Tree Commission for review and approval prior to any
action taken hereunder.
E.
The Shade Tree Commission shall have the sole discretion to waive
the above requirements where special circumstances may deem it not
practical or unnecessary. Specific exemption from this replacement
requirement shall be circumstances where the removal of dead or dangerous
trees is required by the Zoning/Property Maintenance Officer or Code
Enforcement Official.
F.
Such exemption shall be made through notice in writing to the Shade
Tree Commission Secretary who will issue an exemption permit.
G.
The selection of deciduous trees shall be from a list provided by
the Shade Tree Commission or the list of recommended street trees
published by the New Jersey Shade Tree Federation. No conifer, evergreen
or shrub shall substitute for the replacement of a deciduous tree.
A landscaped buffer area shall be provided along
all side yard and rear yard lot lines. The following buffer area requirements
shall apply:
A.
The R-1 Zone. There shall be a required buffer area
of 10 feet at each side yard and 15 feet at the rear yard.
B.
The R-2 Zone. There shall be a required buffer area
of five feet at each side yard and five feet at the rear yard.
C.
The AH Zones. There shall be a required buffer area
of 25 feet at each side yard and 25 feet at the rear yard.
D.
The IP Zone. There shall be a required buffer area
of 100 feet at each side yard and 100 feet at the rear yard.
E.
The H-1 and H-1R Zones. There shall be a required
buffer area of 10 feet at each side yard and 10 feet at the rear yard.
A.
The owner of the property in which a tree is located
shall maintain such tree at all times.
B.
Any tree (including its root structures) which becomes damaged or diseased or if removal is sought for any other reason, the owner or occupant shall, upon written notice from the Building Code Official or the Shade Tree Commission, repair or cause the same to be repaired once the owner or occupant complies with the requirement contained in § 137-6.
A.
No tree may be removed in any buffer area or right-of-way
without approval. Such approval will not be unreasonably delayed.
B.
Permission to remove a tree from a buffer area or
right-of-way will require review by the Shade Tree Commission, per
the following criteria:
[Amended 10-1-2015 by Ord. No. 14-15]
(1)
The existing landscaping conditions in the buffer
area or right-of-way.
(2)
The size of the tree or trees to be removed and the
impact of such removal on the buffer area or right-of-way and adjoining
properties in terms of screening and privacy.
(3)
The reasons cited by the applicant or property owner
for the tree removal.
(4)
Proposed new trees, if any, and landscaping within
the buffer area or right-of-way.
(5)
Such other conditions or circumstances peculiar to
the site or to the application.
(6)
The location of streams and wetlands.
(7)
The street, lot and block number of the land on which
the trees are located.
(8)
The name, address and telephone number of the property
owner or its duly authorized agent.
(9)
The name and permit number of the contractor designated
to perform the tree removal work, if applicable.
C.
A written application form shall be completed by the
applicant or property owner.
D.
A decision
on an application to remove a tree in any buffer area or right-of-way
shall be made within 20 days of the application being deemed complete.
[Added 5-6-2010 by Ord. No. 6-10]
[Amended 10-7-2010 by Ord. No. 12-10; 10-1-2015 by Ord. No. 14-15]
A tree removal plan showing size and species
of all existing trees and trees proposed for removal for a parcel
or tract, and not limited to buffer area, shall be required for the
following applications:
A.
An application for site plan approval.
B.
A major subdivision application.
C.
A minor subdivision application.
D.
Any application seeking variance relief pursuant to
N.J.S.A. 40:55D-70.
F.
An application for a building permit for the construction
of a single-family dwelling.
G.
A site
plan of the area where the septic system is to be located shall be
submitted to the Shade Tree Commission for review at the time application
for permits are filed with the Health Department. The site plan shall
show the method of tree and root zone protection to be used on the
premises and shall depict trees proposed to be disturbed or cut during
the construction, and shall identify the size, species and placement
of such trees.
A.
The Shade Tree Commission shall advise the appropriate authority as to the issue of a tree removal permit for any application set forth in § 137-10 of this article.
B.
In its evaluation of an application for a tree removal
permit, the Shade Tree Commission shall be guided by the following
criteria:
(1)
The existing landscaping conditions on the parcel
or tract.
(2)
The size of the tree or trees to be removed and the
impact of such removal on the parcel or tract and adjoining properties
in terms of screening and privacy.
(3)
The reasons for the tree removal.
(4)
Proposed new trees and landscaping on the parcel or
tract.
(5)
New Jersey State Code for septics.
(6)
Such other conditions or circumstances peculiar to
the parcel, tract or to the application.
C.
Upon approval and issuance, the tree removal permit
shall be displayed so that it is visible from the nearest public street
until such time as authorized work has been completed and approved
by the Construction Official.
No tree, living or deceased, shall be removed
from any area within a Borough right-of-way without approval by the
Shade Tree Commission or Building Department. As used herein, the
right-of-way shall extend a distance of 25 feet from the center of
the road. Typically, 10 feet bordering every road is the right-of-way.
A.
No person shall remove, cut or destroy a heritage
tree from any property without the approval of the Shade Tree Commission.
B.
A permit for the removal of a heritage tree may be
granted by the Shade Tree Commission. In granting such approval, the
Commission may require replacement of the heritage tree with other
trees, vegetation and landscaping and may impose such conditions consistent
with the goals and objectives of this article.
C.
Any person violating the provisions of this section, in addition to being subject to the penalties set forth in § 137-16 of this article, shall be subject to a civil penalty in the amount of the appraised value of the tree or $1,000, whichever is greater. Such penalty may be recovered by the Borough in Superior Court or Municipal Court pursuant to N.J.S.A. 2A:58-11.
[Amended 10-1-2015 by Ord. No. 14-15]
A.
Any tree which is subject to the provisions of this article may only
be removed by the property owner or by a commercial tree service holding
a valid permit issued by the Borough of Upper Saddle River.
B.
The applicant for such a permit shall make application on forms provided
by the Borough Clerk.
C.
A permit will be issued for a period of one calendar year, January
1 to December 31.
D.
An annual fee of $100 shall be payable for issuance of a commercial
tree service permit.
[Amended 5-13-2009 by Ord. No. 5-09; 10-1-2015 by Ord. No. 14-15]
A.
For anyone other than a resident working on his/her own property,
an application shall be submitted to the Shade Tree Commission to
remove any tree located in the right-of-way, ten-foot side yard buffer,
fifteen-foot rear yard buffer, or heritage tree located anywhere on
the property and a tree removal application fee of $25 per tree shall
be paid, up to a maximum fee of $100.
B.
A tree removal application fee of $500 shall be payable with the
following applications submitted for development: site plan approval,
major subdivision, minor subdivision, soil moving permit, building
permit for the construction of a new home, renovation of a home, or
a structure, or a septic system, or an in-ground swimming pool, or
any other tree-related activity.
C.
Review by the Shade Tree Commission of any site plan shall require
payment by the applicant of a fee of $150.
A.
Any person violating any provision of this article shall be subject to such fine and penalties as are set forth in § 1-15 of the Borough Code. Each day such violation occurs shall be deemed to be a separate incident or violation.
B.
In addition to the fines and penalties set forth in Subsection A of this section, a person who destroys or removes a tree in violation of this article shall be required to replace each such tree with a species identical to that removed or deemed by the New Jersey Forest Service, Community Forestry Management Program, as compatible with the applicable soil type. A deciduous tree shall be replaced with one having a minimum height, excluding root bulk, of 10 feet at the time of planting. A coniferous tree shall be replaced with one having a minimum height, excluding root bulk, of eight feet at the time of planting.
